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Protection assessment: critical habitat and individuals of boreal caribou in Quebec

Official title: Protection assessment of critical habitat and individuals of boreal caribou in Quebec

January 26, 2023

Introduction

This assessment reviews the Government of Quebec's main legal tools to provide protection to boreal caribou and its critical habitat in Quebec, as defined in the Recovery Strategy for the species. The scope of the assessment is limited to the non-federal land located in the province of Quebec.

The Act respecting threatened or vulnerable species ([Loi sur les espèces menacées ou vulnérables] (LEMV)) was adopted in 1989. Before the adoption of this Act, Quebec set up, in 1988, the Quebec Natural Heritage Data Center ([Centre de données du patrimoine naturel du Québec] (CDPNQ)) which collects, analyzes, and disseminates information on species in precarious situations and that are, therefore, of conservation interest. In 1992, the Quebec Government then adopted the Policy on Threatened or Vulnerable Species, which specifies, among other things, the general framework for applying the LEMV and the process for identifying the species and habitats to be protected. When a wildlife species is designated as threatened or vulnerable, its management and the protection of its habitats fall primarily under the umbrella of the Act respecting the conservation and development of wildlife ([Loi sur la conservation et la mise en valeur de la faune] (LCMVF)).

The List of vertebrate wildlife species likely to be designated threatened or vulnerable ([Liste des espèces de la faune vertébrée susceptibles d'être désignées menacées ou vulnérables]) is the starting point for the management of threatened and vulnerable species in Quebec. The species on this list are the subject of knowledge-building work, such as research on their habitats, which can be compiled into a status report that can be published by the Government of Quebec. An independent committee analyzes the report to assess the status of the species and to issue an opinion on the legal status to be recommended, as well as on the measures to be put in place to protect the species and its habitat. The proposed status and protection measures are transmitted to the Ministry of Forests, Wildlife and Parks ([Ministère des Forêts, de la Faune et des Parcs] (MFFP)), which approves or rejects the recommendations and authorizes, where appropriate, the steps that may lead to the designation of the species. Interdepartmental and Indigenous consultations are conducted during this process. Once the species has been designated as threatened or vulnerable, the MFFP can, if it so chooses, create a multidisciplinary recovery team comprised of stakeholders (e.g., researchers, managers, operators, users) concerned for the species. The recovery team can prepare a recovery plan, which defines the recovery objectives and strategy over a 10-year horizon. The team is responsible for tracking the implementation of the plan and undertaking some, but not all, of the actions identified in the plan.

Various other strategies and laws of the Government of Quebec complement the provincial approach to species at risk conservation, the main ones of which include: the Natural Heritage Conservation Act, the Parks Act, the Quality of the Environment Act, the Sustainable Forest Development Act, and the commitment to the implementation of the United Nations Convention on Biological Diversity, including the strategic directions for protected areas in Quebec.

It is important to specify that the range of boreal caribou in Quebec is approximately 98% provincial Crown land, and a large portion of this area is subject to forestry activities.

This assessment focuses on the following laws and their associated regulations:

Where applicable, this assessment also takes into account terms and conditions associated with the James Bay and Northern Quebec Agreement (JBNQA) (adopted in 1975) and Northeastern Quebec Agreement (NEQA) (adopted in 1978). These are the first comprehensive land claim agreements signed in modern times between the Governments of Quebec and Canada and Indigenous people; they include self-government components and lay foundations for a new relationship between the Cree, Inuit, Naskapi, and Governments of Quebec and Canada. The JBNQA and NEQA have led to the establishment of various committees and additional agreements including the 2002 Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Québec (also known as the Paix des Braves) and the 2012 Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Gouvernement du Québec.

1. Protection of critical habitat on non-federal lands

1.1 Act respecting threatened or vulnerable species (LEMV) and Act respecting the conservation and development of wildlife (LCMVF)

Threatened or vulnerable species and the features of their habitats are designated under the Act respecting threatened or vulnerable species ([Loi sur les espèces menacées ou vulnérables] (LEMV)) through the Regulation respecting threatened or vulnerable wildlife species and their habitats. Protection of their habitats, however, is governed by the Act respecting the conservation and development of wildlife ([Loi sur la conservation et la mise en valeur de la faune] (LCMVF)), including its associated Regulation respecting wildlife habitats ([Règlement sur les habitats fauniques] (RHF)). The main tools affording protection for the critical habitat of boreal caribou are wildlife habitats and wildlife refuges.

Eleven types of wildlife habitats can be designated under the RHF, but contrary to the Species at Risk Act (SARA), there is no obligation to designate habitats necessary for a species’ survival or recovery. Designation of wildlife habitat is possible only on provincial Crown land, but private land covers less than 1% of the total range of boreal caribou in Quebec. While there are various types of wildlife habitats among the approximately 50 that intersect with boreal caribou habitat, there is only one that specifically targets the species (i.e., area frequented by caribou south of the 52nd parallel), and it covers virtually the entire QC2 range (Charlevoix). This protected area is not recognized in the provincial registry of protected areas, although it overlaps in part with three national parks (Jacques-Cartier, Grands-Jardins, and Hautes-Gorges-de-la-Rivière Malbaie).

In a wildlife habitat, any activity that may alter a biological, physical or chemical component of the species habitat is prohibited without an authorization, subject to the exclusions (e.g., an activity carried out in accordance with the standards of intervention determined by regulation) set forth in the LCMVF and the RHF. Permits may be issued for scientific, educational or conservation management purposes. The discretion to issue an authorization is not circumscribed by this provincial legislation (e.g., unlike the SARA, this provincial legislation cites no preconditions that relate to species at risk that need to be met for an authorization to be issued). Therefore, the discretion in this legislation does not fully prevent destruction of critical habitat. Furthermore, in a wildlife habitat, other than a habitat of a threatened or vulnerable wildlife species, a person may carry out a forest development activity covered in section 4 of the Sustainable Forest Development Act ([Loi sur l’aménagement durable du territoire forestier] (LADTF)) (e.g., carrying out silvicultural treatments).

A wildlife refuge could provide a more robust means of protection than a wildlife habitat, as it allows for special protection of habitats and the species that frequent them. In a wildlife refuge, conditions of use of resources and, if needed, the conditions for the practice of recreational activities are fixed for the purpose of conserving the habitat of wildlife or a wildlife species. Unlike wildlife habitats, wildlife refuges can be designated both on provincial Crown land and on private land. There are no wildlife refuges for boreal caribou.

1.2 Natural Heritage Conservation Act (LCPN)

The Natural Heritage Conservation Act ([Loi sur la conservation du patrimoine naturel] (LCPN)) allows for protection of the critical habitat of boreal caribou through the creation of protected areas, the main ones being biodiversity reserves and ecological reserves. The permanent creation of these protected areas requires that temporary or “proposed” status first be granted. These protected areas are intended for provincial Crown land, but expropriation of private land is possible. The provisions associated with biodiversity reserves and ecological reserves prohibit certain activities, which contributes to avoiding or limiting the destruction of critical habitat; however, not prohibiting all activities that may destroy critical would not be equivalent with the requirement in SARA to protect all the critical habitat.

On lands in the domain of the State within a proposed biodiversity reserve or ecological reserve, most natural resource exploitation activities are prohibited (e.g., mining, forest development activities within the meaning of section 4 of the Sustainable Forest Development Act ([Loi sur l'aménagement durable du territoire forestier] (LADTF))). However, exploration activities and allocation of a right to occupy land for vacation purposes are permitted, with an authorization. Conservation plans specific to each reserve may provide for additional prohibitions or specific authorizations. The same prohibitions listed above apply to permanent biodiversity reserves and ecological reserves, as do prohibitions of natural resource exploration and commercial activities. Therefore, as long as an area continues to have “proposed” status, exploration for natural resources continues to be permitted, but with authorization. The limits of a reserve may be modified before it reaches permanent status. The status of ecological reserve offers additional protection for habitats compared to a biodiversity reserve (e.g., in a permanent ecological reserve, any activity likely to alter the state or nature of ecosystems is prohibited). The safeguarding of habitats of threatened or vulnerable species of flora or fauna is one criterion for the creation of an ecological reserve. Biodiversity reserves tend to target more the conservation of biodiversity in the broad sense, as opposed to protection of the habitat of species at risk. However, a biodiversity reserve can also be created in response to a species at risk, as for the boreal caribou in QC1 (Val-d’Or) with the Caribous-de-Val-d’Or Biodiversity Reserve (established in 2009).

The range of boreal caribou includes approximately 50,320 km2 of biodiversity reserves and ecological reserves, but in total these make up a low percentage of the species’ range (about 8%). Furthermore, only about 9% of them have permanent status. It is not possible to obtain an authorization for natural resource exploration or development on a permanent biodiversity reserve, even as an exception. Certain other activities or interventions incompatible with conservation objectives may be authorized on an exceptional or contextual basis. The discretion to issue an authorization is not circumscribed by this provincial legislation (e.g., unlike the SARA, this legislation cites no preconditions that relate to species at risk to be met for an authorization to be issued). Therefore, this legislation does not fully prevent destruction of critical habitat. Lastly, the conservation plans of every permanent reserve may contain specific provisions reflected in supplementary rules or relaxations of this general regime.

The minister may set aside areas for the purpose of creating new official protected areas (land reserved for protected areas (LRFPA)). This administrative protection measure is included in the protected areas registry. Within these areas, commercial logging is prohibited and developers are given a time limit for taking and operating mining titles. After this time, the area becomes excluded from mining activities and follows the process to become an official protected area. If the land is exploited, it will have to be removed from the set-aside area and replaced with another area. LRFPAs cover a low percentage of the species' range (9%), but some have been created specifically for boreal caribou (e.g., Manouane-Manicouagan, Broadback River).

The LCPN provides mechanisms to prevent degradation of a natural environment that is distinguished by the rarity or exceptional interest of one of its biophysical characteristics (outside of protected areas). The responsible minister may: require a current or future activity be subject to his authorization; halt activities temporarily or permanently authorized; and order other measures considered necessary to prevent any threat from worsening. The minister may, however, consider elements of a socio-economic nature in his decisions and, hence, a form of discretion is possible. Note that there are no specific criteria for identifying these environments as being rare or of exceptional interest.

The Act to amend the Natural Heritage Conservation Act and other provisions ([Loi modifiant la LCPN et d’autres dispositions]), introduces three new statuses of protected areas. Two that may pertain to caribou are protected areas of sustainable use and protected areas of Indigenous initiative. The former areas aim to protect biodiversity and associated cultural values, as well as sustainable use of these resources. Forestry activities are not necessarily prohibited, if conducted sustainably. In the latter areas, Indigenous communities can propose, to the Minister, conservation projects whose territories may be designated as protected areas. At the moment, none of these are in place.

1.3 Parks Act (LSP)

Under the Parks Act ([Loi sur les parcs] (LSP)), the Government of Quebec may establish a park by regulation on any part of provincial and/or private land. All forms of prospecting, and any utilization, harvesting or harnessing of resources related to logging, mining or the production of energy, other than for the operation of the park, are prohibited within the confines of a park. The laying of oil or gas pipelines or power lines is also prohibited. There are no provisions that permit obtaining an authorization for such activities, which would be possible only if the park were abolished. Therefore, there appears to be no discretionary power to authorize this type of activity without abolishing a park’s status.

The LSP permits the making of regulations to ensure the protection and conservation of the natural environment and its elements, but also to develop its recreational aspects via the practising of low-impact activities such as hiking, canoeing, and camping. However, such development requires the establishment of permanent infrastructure. In theory, the recreational development of parks must not compromise their integrity. But in some cases, human presence may constitute a disturbance for boreal caribou, rendering certain sectors unsuitable for the species.

In the critical habitat of boreal caribou, approximately 630 km2 are protected under the LSP, representing a very low percentage of the species’ total range. The objective of the LSP is to create protected areas in order to promote conservation of biodiversity in the broad sense, among other purposes, rather than to specifically protect the habitat of species at risk. The provisions associated with this law prohibit specific activities. While this might not be fully consistent with the SARA that requires the protection of all critical habitat, this contributes to avoiding or limiting the destruction of critical habitat.

1.4 Quality of the Environment Act (LQE)

The Quality of the Environment Act ([Loi sur la qualité de l’environnement] (LQE)) seeks to provide a sustainable development framework for different projects and does not primarily target the protection and recovery of species at risk. The Minister of Environment and Fight Against Climate Change ([le Ministère de l’Environnement et de la Lutte contre les changements climatiques] is responsible for authorizing or rejecting a project for the construction, operation or production of a good or service, or an activity affecting environmental quality, including the biodiversity that encompasses species at risk. Such species must be considered in the inventories required to obtain authorization to undertake projects subject to this statute. Therefore, since boreal caribou is a vulnerable species, it will be taken into consideration when assessing applications and deciding whether or not to authorize a project.

Certain provisions under the LQE enable the Minister to impose binding conditions in the certificates of authorization issued for development projects on non-federal land. These include varying degrees of avoidance, mitigation and compensation measures. While this can provide a form of protection for boreal caribou, projects are being carried out in caribou habitat. In addition, the LQE allows some level of discretion in the decision to approve or reject a project, and the conditions under which an authorization can be issued. The discretion to issue an authorization is not circumscribed by this provincial legislation (e.g., unlike the SARA, this legislation cites no preconditions that relate to species at risk to be met for an authorization to be issued). Therefore, this provincial legislation does not necessarily prevent destruction of critical habitat. The Minister may nonetheless revoke or suspend a certificate of authorization in specific circumstances (e.g., the certificate holder does not comply with a provision of this Act).

The current environmental authorization regime under the LQE was modernized by the Act to amend the Environment Quality Act ([Loi modifiant la LQE]), which came into force in 2018. The new approach is based on the level of environmental risk associated with an activity: high, moderate, low, or negligible. Projects considered to be of high risk are identified in the Regulation respecting the assessment of the environmental impacts of certain projects ([Règlement relatif à l’évaluation des impacts sur l’environnement de certains projets]) and are subject to the environmental impact assessment and review procedure. Moderate risk projects are listed in article 22 of the LQE. The Regulation on the regulation of activities according to their impact on the environment ([Règlement sur l’encadrement des activités en fonction de leur impact sur l’environnement] (REAFIE)) provides details on activity classification and the procedure to follow, which includes obtaining ministerial authorization. The REAFIE lists low risk projects, which only require the project proponent to submit a declaration of conformity 30 days prior to commencement. The REAFIE lists projects of negligible risk, which do not need an authorization or declaration of conformity.

Special environmental assessment provisions are applicable to projects in James Bay and Northern Quebec, in compliance with the provisions of the James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement (NEQA). It is an expressed intention of the JBNQA that the responsible governments and the agencies established to take action in the context of environmental procedures must pay special attention to various issues, one of them being protection of the region’s wildlife resources and ecosystems. Hence, this creates another level of consideration in the project assessment process, that is, another step where the presence of caribou may be taken into account, both in project evaluation and in the conditions authorizing the project.

1.5 Sustainable Forest Development Act (LADTF)

The Sustainable Forest Development Act ([Loi sur l'aménagement durable du territoire forestier] (LADTF)) is primarily intended to provide a framework for logging and forest management on provincial Crown lands. This statute and its provisions apply to forest development units that cover nearly 25% of the total range of boreal caribou in Quebec. The remainder of its range is mostly located beyond the northern limit of attributable forests.

Quebec’s woodland caribou recovery plans recommend the application of measures adapted to the various zones of the woodland caribou range. Guidelines for the management of its habitat have been produced by the provincial recovery team in support of forest planning. The most recent guidelines are in line with the principle of the maximum disturbance rate identified in the federal recovery strategy (35%). Beyond that rate, the probability of a local population being self‑sufficient is too low. However, these new guidelines have not been integrated into the forest planning for 2018−2023. They constitute recommendations by the provincial recovery team, but the Government of Quebec is under no obligation to incorporate them. At the moment, the former, less stringent guidelines continue to be in effect.

According to the Chief Forester’s office (2014), a large portion of the southern sector of the provincial recovery plan’s area of application currently presents disturbance rates that are too high to ensure the self-sufficiency of the woodland caribou populations; what is more, the current development strategies (based on the former guidelines) would result over the long term (100 years) in an increase to disturbance rates for the majority of the analysis units. The southern sector represents about 23% of the species’ overall range in Quebec.

While the conservation of forest biodiversity is a policy entrenched in the principles of the LADTF as well as its management objectives, there is no actual obligation connected to the recovery of boreal caribou and the protection of its critical habitat. Rather, the LADTF uses an authorization system to provide a framework for commercial forestry operations in Quebec, with the objective of reconciling the environmental and socio-economic needs of the various users. The discretion to issue an authorization is not circumscribed by this provincial legislation (e.g., unlike the SARA, this legislation cites no preconditions that relate to species at risk to be met for an authorization to be issued). Therefore, this provincial legislation does not necessarily prevent destruction of critical habitat. In their current versions, the LADTF, the Regulation respecting the sustainable development of forests in the domain of the State ([le Règlement sur l’aménagement durable des forêts du domaine de l’État]), the sustainable forest management strategy, and the resulting forest planning cannot ensure the maintenance or attainment of the minimum threshold of 65% undisturbed habitat within each local population area, even in combination with the other protection and conservation measures in effect (e.g., biological refuges, exceptional forest ecosystems, and protection afforded under an administrative arrangement, which only cover a low percentage of the species’ total range, less than 1%). Furthermore, it is not known whether other elements, such as the connectivity between the different sectors where caribou are present, are taken into account when planning forest activities on a larger scale (analysis including multiple forest management units).

When considering the current disturbance rate, it is important to specify that new evidence suggests that QC6 (Quebec) includes a number of local ranges of caribou. No logging opportunities have been allocated in certain sectors of the North Shore, which make up about 7% of this range, due to economic considerations; there is no guarantee that this sector will not be developed in the future.

The Government of Quebec is currently implementing an action plan for managing woodland caribou habitat (2016), which is affecting commercial forestry activities within the range of the boreal caribou in Quebec. While the action plan contains few details, one of its actions is to establish a long-term strategy for managing woodland caribou habitat; this has been postponed a few times, and is currently expected in 2023. Until final decisions are made about its strategy, the Government of Quebec has put in place temporary interim woodland caribou habitat management measures ([Mesures intérimaires pour l’aménagement de l’habitat du caribou forestier (2019-2023)]), which ban harvesting in some of the remaining older coniferous forests while allowing low-impact harvesting in other areas. The measures also aim to restore certain areas and allow for more connectivity between the remaining habitats that favour caribou. These measures apply south of the territorial limit of attributable forests as determined by the minister under the Forest Act. There is no harvesting north of this limit, where approximately 64% of critical habitat is located. However, this limit can be redefined by the minister. Overall, it is difficult to estimate the extent to which these combined actions conserve and protect the critical habitat of boreal caribou as these current measures are temporary and can change, because not all details and final measures are known.

Pursuant to the James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement (NEQA), the Government of Quebec may conclude agreements to shield certain sectors from logging for protective purposes. For example, the Entente pour résoudre le différend forestier Baril Moses entre la Nation Crie de Eeyou Istchee et le Gouvernement du Québec (2015) called for the protection of an area approximately 9 100 km2 in the Broadback River area (QC6). In response to this, proposed biodiversity reserves have been created. Further, the JBNQA and Paix des Braves (2002) outline the Adapted Forestry Regime, which guide forestry operations and require the Government of Quebec to intensively consult the Cree Nation. In the context of harmonizing the Adapted Forestry Regime under the LADTF, the Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Governement du Québec (2012) states that Quebec and the Crees shall collaboratively manage forestry resources on Category II Lands situated in the territory contemplated by Chapter 3 of the Paix des Braves. The Paix des Braves states that the goal of the Cree Nation south of the territorial limit of attributable forests is to change the forest dynamics from old, mature, coniferous forests to young, diversified forests. This change favours species like moose, to the detriment of caribou. In 2013, the province implemented a precautionary approach as a mandatory, administrative conservation measure to temporarily remove areas intensively used by caribou from forest management plans. Therefore, no wood harvesting or road construction or improvement activities occur temporarily in these areas. Certain areas under protection of the precautionary approach have since been included in some protected areas (e.g., the abovementioned biodiversity reserve in the Broadback River area); the temporary interim woodland caribou habitat management measures have since been added to or replaced some of the areas under the precautionary approach.

2. Protection of individuals on non-federal lands

2.1 Act respecting threatened or vulnerable species (LEMV) and Act respecting the conservation and development of wildlife (LCMVF)

In Quebec, threatened or vulnerable species and the features of their habitats are designated under the Act respecting threatened or vulnerable species ([Loi sur les espèces menacées ou vulnérables] (LEMV)) through the Regulation respecting threatened or vulnerable wildlife species and their habitats. Protection of their habitats, however, is governed by the Act respecting the conservation and development of wildlife ([Loi sur la conservation et la mise en valeur de la faune] (LCMVF)). Boreal caribou is designated as vulnerable under the LEMV, which means that it may be subject to specific monitoring. However, unlike the Species at Risk Act (SARA), there is no obligation in terms of recovery planning under the LEMV.

The purpose of the LCMVF is the conservation of wildlife and its habitat, their management in a context of sustainable development, and the recognition of every person’s right to hunt, fish, and trap, in accordance with the law. The prohibition on hunting boreal caribou is the main tool to protect this species under the LCMVF, which includes no killing, injuring, or harassing of an individual. However, there remains some uncertainty as to the application of certain prohibitions outside the context of hunting (as defined by the LCMVF), particularly with regard to harassment. The law further prohibits capturing or possessing an individual, as well as selling or buying an animal or by-product unless authorized. The law prohibits chasing, mutilating, or killing a boreal caribou with a vehicle, aircraft, or motorized boat, as well as using an aircraft to drive an animal so it can be hunted. These prohibitions apply to both provincial Crown land and private land. Only permits may be issued for scientific, educational, food, or wildlife management purposes by the Minister of Forests, Wildlife and Parks ([Ministre des Forêts, de la Faune et des Parcs]).

In the territory under the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement, traditional Indigenous harvesting of caribou is allowed. While the term “caribou” in the agreements does not distinguish between boreal caribou and eastern migratory caribou, according to information available, Indigenous caribou harvesting mainly targets eastern migratory caribou whereas any harvesting of boreal caribou is only opportunistic. Additionally, a voluntary moratorium against harvesting boreal caribou was imposed in 2005 by the Cree Nation Government when the species was declared vulnerable.

2.2 Quality of the Environment Act (LQE)

The provisions of the Quality of the Environment Act ([Loi sur la qualité de l’environnement] (LQE)) are such as to give it a general character. This statute seeks to provide a sustainable development framework for different projects and does not primarily target the protection and recovery of species at risk as does the SARA. The Minister of Environment and Fight Against Climate Change ([le Ministre de l’Environnement et de la Lutte contre les changements climatiques]) is responsible for authorizing or rejecting a project for the construction, operation or production of a good or service, or an activity affecting environmental quality, including the biodiversity that encompasses species at risk. Such species must be considered in the inventories required to obtain authorization to undertake projects subject to this statute. Therefore, since boreal caribou is a vulnerable species, it will be taken into consideration when assessing applications and deciding whether or not to authorize a project.

Certain provisions under the LQE enable the Minister to impose binding conditions in the certificates of authorization issued for development projects on non-federal land. These include varying degrees of avoidance, mitigation and compensation measures. While this can provide a form of protection for boreal caribou, projects are being carried out in caribou habitat. In addition, the LQE allows some level of discretion in the decision to approve or reject a project, and the conditions under which an authorization can be issued. While there is some discretion in issuing an authorization, which is not circumscribed by this provincial legislation (e.g., unlike the SARA, this legislation cites no preconditions that relate to species at risk to be met for an authorization to be issued), the purposes for authorization applications are to carry out various projects wherein any effects on a species at risk would only be incidental. The Minister may nonetheless revoke or suspend a certificate of authorization in specific circumstances (e.g., the certificate holder does not comply with a provision of this Act).

The current environmental authorization regime under the LQE was modernized by the Act to amend the Environment Quality Act ([Loi modifiant la LQE]), which came into force in 2018. The new approach is based on the level of environmental risk associated with an activity: high, moderate, low, or negligible. Projects considered to be of high risk are identified in the Regulation respecting the assessment of the environmental impacts of certain projects ([Règlement relatif à l’évaluation des impacts sur l’environnement de certains projets]) and are subject to the environmental impact assessment and review procedure. Moderate risk projects are listed in article 22 of the LQE. The Regulation on the regulation of activities according to their impact on the environment ([Règlement sur l’encadrement des activités en fonction de leur impact sur l’environnement] (REAFIE)) provides details on activity classification and the procedure to follow, which includes obtaining ministerial authorization. The REAFIE lists low risk projects, which only require the project proponent to submit a declaration of conformity 30 days prior to commencement. The REAFIE lists projects of negligible risk, which do not need an authorization or declaration of conformity.

Special environmental assessment provisions are applicable to projects in James Bay and Northern Quebec, in compliance with the provisions of the James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement. It is an expressed intention of the JBNQA that the responsible governments and the agencies established to take action in the context of environmental procedures must pay special attention to various issues, one of them being protection of the region’s wildlife resources and ecosystems. Hence, this creates another level of consideration in the project assessment process, that is, another step where the presence of caribou may be taken into account, both in project evaluation and in the conditions authorizing the project.

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2024-03-27